Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

It is possible, but the fact that taxes are paid is not what is relevant. Rather, ownership would be established through "adverse possession". But for there to be adverse possession ("squatters rights") the person claiming ownership would have to "oust" the other title owners of the property, continuously, openly, and notoriously for a period of 10 years. There are a number of ways the "ouster" of a co-tenant could be established. Specific written notice of intent to exclude a co-tenant coupled with actual adverse possession would be the most compelling evidence. In most cases, however, such clarity is lacking. See Russo Realty Corp. v. Orlando, 30 A.D.3d 499, 819 N.Y.S.2d 265 (2d Dep’t 2006), rejecting a co-tenant’s claim of adverse possession because the claimant failed to clearly assert a right hostile to the other co-tenant. InBoard of Trustees of the Tecolote Land Grant v. Griego, 104 P.3d 554 (N.M. Ct. App. 2004), the court held that “explicit notice” of an intent to oust is required. However, in the case of Glover v. Union Pacific R. Co., 187 S.W.3d 201 (Tex.App.--Texarkana 2006), the court held that ouster can be shown by long continuous possession or a change in the use or character of possession. In Williams v. Screven Wood Company, Inc., 619 S.E.2d 641 (Ga. 2005), the court stated the co-tenant claiming adverse possession must show acts inconsistent with, and exclusive of, the rights of the co-tenant not in possession, and the non-possessory co-tenant must have actual or constructive notice of those acts.

ScottyMacEsq :

Again, it has to be for an uninterrupted period of 10 years or more, so merely paying taxes (while giving a claim to the person paying for contribution) would not give a claim to ownership. Ownership could only be established by actual possession, for a period of 10 years or more, while prohibiting the other title owners from having any possession or claim against the property.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable.Thank you, XXXXX XXXXX luck to you!

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

Ask an Estate Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

63 Estate Lawyers are Online Now

Type Your Estate Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).